Schimmel & Parks, APLC - Litigation
Tell Us About Your Case 818-922-8544

Is it employer retaliation if the dismissal is due to an illness?

In many California workplaces, workers are concerned about their job if they become ill and miss work. The circumstances will dictate what an employer can do to an employee who misses work without approval. There are times when employer retaliation is a legitimate problem and rather than face the possibility of job loss or other sanctions, employees feel as if they have no alternative but to work despite an illness. If a worker is so ill that he or she takes time off work and is retaliated against, it is important to know if the situation warrants a legal filing.

Employers are not allowed to fire employees if they miss time due to illness in the following situations: if the employee is suffering from a disability and has the right to take time off as part of a reasonable accommodation; or if the employee has a "serious health condition" and they can take leave based on the California Family Rights Act or the Family Medical Leave Act.

For employees who have an illness that is categorized as a disability, there will generally be the right to take time off as part of a reasonable accommodation. If it is a condition that does not limit the person such as a cold or a minor injury, it will generally not be considered a disability. If, however, the person has a broken bone or a relatively significant illness such as pneumonia, this can be considered a disability if it inhibits a "major life activity."

If the employee is suffering from a serious health condition and they have the right to use CFRA, they might take time off without asking for it beforehand. If it is an emergency and was unforeseeable while giving the employer notice as soon as he or she can, the employer is not legally able to fire the employee, nor can CFRA be denied.

For workers who exercised their rights to take time off due to illness and were subjected to employer retaliation, it is important to understand how they are protected under the law. If they meet the criteria to have time off because of an illness and they face retaliation because of it, there could be the basis for a lawsuit. Calling a law firm that specializes in employment law can provide information and representation in a case and help with being compensated.

No Comments

Leave a comment
Comment Information
  • Insurance
    Bad Faith Result

    $250 Million

    Recovery for policyholders victimized by insurance bad faith practices following Northridge Earthquake.

  • Recent Class
    Action Result

    $23 Million

    Judgment on behalf of a class of employees for personal injury and loss of property related to illegal working conditions.

  • Recent Insurance
    Bad Faith Result

    $4 Million

    Recovery in defense costs for insureds denied their right to independent counsel by their insurance companies.

More Case Results

"I just wanted to say thank you again for taking our case through trial. We just think you are the best." - John S.

Read More Testimonials
super lawyers | Alan I Schimmel super lawyers | Michael Parks AV preeminent Martindale-Hubbell Lawyer Ratings LACBA los angeles county bar association The state bar of california Consumer Attorneys Association of los angeles CAALA

Legal Support When You Most Need It

To learn more, or to speak with a lawyer, reach out to our firm today. You can call us at 818-922-8544 or reach us online. We're here to answer your questions and address your concerns.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response
Based in Sherman Oaks, we serve throughout the region.

Schimmel & Parks, APLC
15303 Ventura Blvd
Suite 650
Comerica Building
Sherman Oaks, CA 91403

Phone: 818-922-8544
Fax: 818-464-5091
Sherman Oaks Law Office Map

Contact This Office